Notice

ISM Education Ltd: Special Conditions ISM1 and ISM2

Published 10 September 2025

Applies to England

The Office of Qualifications and Examinations Regulation (Ofqual), in accordance with its powers under section 132(3)(d) of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA), has imposed the following Special Conditions on ISM Education Limited (ISM):

Condition ISM1 – Retention of information

For the purposes of retaining information to assist an investigation:

ISM1.1               ISM must immediately suspend any routine destruction, or overwriting of any and all information and documents.

ISM1.2              ISM must retain without amendment any and all information and documents.

ISM1.3              ISM must take all reasonable steps to ensure that any relevant third party retains securely and can be required to make available in the event that it is required for the purposes of an investigation any and all information related to the activities of ISM.

Condition ISM2 – Interpretation and definitions

ISM2.1             The rules of interpretation and definitions outlined in General Condition J1 shall apply to these Special Conditions.

ISM2.2             The requirements imposed by these Special Conditions apply in addition to the requirements imposed by the General Conditions of Recognition and any relevant Qualification Level Conditions and Subject Level Conditions.

ISM2.3              To the extent that there is any inconsistency between –

a) a requirement of one of these Special Conditions, and

b) a requirement of a General Condition of Recognition, a Qualification Level Condition or a Subject Level Condition,

such that ISM could not comply with both such requirements, the awarding organisation must comply with the requirement of the Special Condition and is not obliged to comply with the requirement of the other Condition.

Dated: 18 August 2021

Director of Operations for VTQ, Ofqual

Annex to Special Conditions

Publication and sharing of information

1. 1. Ofqual may publish a Special Condition, either fully or in part, on its website, www.ofqual.gov.uk, unless Ofqual is persuaded by an awarding organisation that there is a legitimate reason that this should not be published, including that this may have adverse commercial implications for the awarding organisation involved.

2. 2. Ofqual may share information about these Special Conditions with other regulators in accordance with its powers, where it considers necessary.

Right of internal review

1. 3. ISM may request an internal review of the decision to impose a Special Condition within 10 working days of the date of this determination. The request must be issued via the Portal, with the subject line - for the attention of Rosalind Jackson, Associate Director, Legal Moderation and Enforcement.

2. 4. An internal review may be requested on the following grounds only:
   1. a) the facts of the decision for imposing a Special Condition are incorrect;
   2. b) a relevant fact has not been taken into account;
   3. c) Ofqual has not followed its own procedures; or
   4. d) the decision to impose a Special Condition does not support the facts, an unreasonable decision.
3. 5. Any internal review will be carried out by an officer of Ofqual who has had no previous involvement in your matter.

Ofqual review

1. 6. On or before 29 September 2021 (the ‘review date’), Ofqual will review whether the requirements of these Special Condition(s) need to remain in place and will issue its decision to ISM. ISM may request that Ofqual carries out this review before the specified review date if it believes some or all of the requirements no longer need to remain in place. ISM should provide evidence to support any such request.

2. 7. In considering whether the requirements of this Special Condition need to remain in place, Ofqual will consider whether the Special Condition remains necessary to secure that information is retained for the purposes of an investigation.

3. 8. If, after review, Ofqual considers that some or all of the Special Conditions no longer need to remain in place, the relevant requirements will be removed.

4. 9. If Ofqual considers that some or all of the requirements need to remain in place, or that additional or alternative requirements need to be imposed, it may take one or more of the steps set out in paragraph 10, in isolation or combination.

5. 10. After review, Ofqual may:

   1. a) set a new review date,
   2. b) amend the terms of the Special Conditions (by adding and/or removing requirements),
   3. c) determine whether there has been a breach of the Special Conditions,
   4. d) take any regulatory action set out in Ofqual’s Taking Regulatory Action policy.

6. 11. The process set out above is without prejudice to any other action that Ofqual may take in line with its Taking Regulatory Action policy.